teach science and engineering come and mathematics. and big dog, a robot designed to tackle rupturing. you for joining us. jenna: "america live" starts right now. have a great day. megyn: fox news alert. a series of e-mails obtained by fox news, today raising questions about the obama administration's version of events in the terror attack at the u.s. consulate in benghazi. on 9/11 of this year. welcome to "america live." i am megyn kelly. we are going to sort this out for you. the e-mails were fired off on 9/11 of this year. as for americans were desperately fighting for their lives. one of those e-mails saying the 20 on people had fired an thosen

the compound. they tried to bide their time until backup to get there, but that time would never come. that e-mail was sent on tuesday, september 11, at 4:05 p.m. eastern. it was sent to people linked to the state department. the white house situation room and those working under the director of national intelligence. people with the pentagon and the fbi, with the subject line u.s. diplomatic mission in benghazi under attack. chief intelligence correspondent catherine herridge has breaking news now. she is live in washington. reporter: these two documents appear to be the most significant up-to-date. he takes the real-time information on the attacks and is suspected of being responsible inside the white house situation room. this focused national security

adviser, the director of national intelligence from the nations most senior intelligence official, and john brennan directly into the loop, as they would be cleared on this. the key player on this was david betray us. one e-mail sounds the alarm that austria was claiming responsibility for the attack. it says they have called for an attack on the embassy tripling -- tripoli. >> posting something on facebook is not in and of itself evidence. it just underscores how fluid the reporting was at the time and continues for some time to be. quartermaster is the issue.

the headers on his e-mail that claims of responsibility show that went to secretary of state hillary clinton's special assistant from as low as the number two and number three and the state department. with more evidence that pointed to terrorism right out of the gate, lawmakers cannot understand why the white house continued to blame his anti-islam film. >> what has bothered me and all the members of the intelligence committee is that we got pushed back both from the white house as well as the intelligence community early on. and we could not figure it out. it was really strange because they never do that. reporter: congressional sources have told me the head of the national security center, he was the first official to describe benghazi is an act of terrorism, was reprimanded by the white house for that statement and told to tone down his statements about the attack. megyn: that is new information. catherine herridge, thank you so much. his latest e-mails raise a lot

of questions about the administration's response to this attack. the president addressed at the it the next day in the white house rose garden. but he then proceeded to las vegas for a campaign event that very night. after now we know that in the situation room, the information coming into the white house is that we have been hit by a terrorist attack being claimed by an al qaeda affiliated group, which was claiming responsibility for it. days later, his ambassador to the united nations susan rice appeared on talk shows and said this about the attack. >> the best assessment that we have today is that, in fact, this was not a pre-planned, premeditated attack. but what happened initially was a spontaneous and reaction to what had just transpired in cairo, as a consequence of the video. >> for many days after that time

i want you to listen to press secretary jake on it. he speaks for the president. this is the messaging. keep in mind that they have been told on the day that this al qaeda affiliated group is claiming responsibility for it. listen to jay carney. listen to him talking to the press. saying that there was no evidence to suggest that this was a preplanned attack and blaming the violence on an anti-islam video. >> this is a fairly volatile situation and it is in response not to united states policy, obviously the administration, not to the american people. there is a response to a video, a film, but we that we have judged to be reprehensible and disgusting. that in no way justifies any violent reaction to it. but this is not a case of protests erected at the united states at large or at u.s. policy. this is in response to a video

that is offensive and also to muslims. as you know, we were very vigilant around anniversaries like 9/11. the president has always brought us to speed on all of the precautions being taken. but let's be clear. these protests were in reaction to a video that had spread to the region. we don't know otherwise. we have no information to suggest that this was a preplanned attack. what i am telling you is that this is under investigation. the unrest around the region has been in response to this video. we do not come at this moment, have information to suggest what to tell you that any of this unrest was preplanned.

our initial information, and that includes all information, we saw no evidence to back up claims by others that this is a pre-planned or premeditated attack. megyn: we have the cohost of the five on fox news channel. you once had that man, jay carney's job. >> i was thinking that if the berlin cheap version of jay carney would be able to look at what has happened over the last weeks and be able to really think that all of this had happened -- he said trying to explain the report that catherine herridge had about the new information -- but it was basically very cautionary. well, we don't know. we are checking it all out. all that language was used. megyn: there are e-mails about all sorts of information. this was a social permission

site. >> three days later after one of those reasons, it is self-evident that it is terrorism. okay, so who pushed the video in the first place? where have all the other officials been sent from? the campaign gets all muddled into it. the difference on the talking points that went to congress and the ones that were originally drafted, the information they catherine herridge just reported that it was given a brushback page by the white house -- [talking over each other] >> it adds one more questions about the narrative that they are trying to protect president obama from having to say that there was a major failure of intelligence in order to prevent. if the obama administration had disrupted and prevented an

attack that was a plot to kill our ambassador, do you think for one second we would not have read about that in "the new york times"? that, to me, says there is a big difference here. there are many people who said this would not matter at all, but i actually think it matters a lot. the stories don't add have that. i think they are in a lot of trouble. even as we give them the benefit of the doubt and say there are conflicting reports, some reports about a video, and let's not forget what was happening in the middle east at that time. let's say that that was part of the conflict -- but this al qaeda related groups group is claiming responsibility for. on the heels of information that leads to 20 armed men showed up at the consulate had the ambassador trapped in a room.

it wasn't preplanned or premeditated. like 20 guys were just walking out with her evening stroll and said there is the u.s. consulate, let's go attack it. >> to happen to see a video and got so upset. even giving that benefit of the doubt -- why did we not give the disclosure of information? >> from our perspective, we got out to you the information that we had as soon as we had. and it was available. what happened has been based on the best available information we have. >> every piece of information we look at and we make should we

try future. megyn: so by what we can tell in black-and-white. remember the vice presidential debate, vice president biden said something about jay carney the next day saying that he was not that she and the president were separated from us. he said that they were never needing more security at the consulate. >> okay, let's be terrible. why were they not told about something like this when it comes to libya, a no man's land after the error screen. >> he said that he was asked, knowing that it was 9/11, did you take extra security russians and he said the president is always believed on the security situation, especially on a 9/11 anniversary. >> there were days when i was heading into a situation. on a very sensitive subject where we didn't have all the pieces. and i ask, what if i am asked this or that. and those people roundworm said

this and that. there was one person in the room who leaned over to me and said, i would not say that if i were you. and i will never forget. because help protect me to know that, you know what? i need to be the conduit of the shared information of facts and let people know that we don't know something. plus, it helped protect myself. megyn: they would not be in trouble if they had come out and said there is a lot of mixed information and we don't want to get ahead of ourselves, we will bring it to you when you go. work is closing all. >> absolutely. megyn: thank you so much. during the debate, president obama vowed to find those who murdered our ambassador in libya. he wanted to track down the leader. coming up, the muslim we e-mails when we talked to general jack keane.

the former chief of staff of the army. and talk about why we were not able to get in there and help those that were killed. two of the four of them were killed for the attack began. our panel has new information on how this information greets questions for the president. you'll get a bowl of queso that makes even this get-together betr. throughout our lives. one a day men's 50+ is a complete multi-vitamin designed for men's health concerns as we age. it has more of 7 antioxidants to support cell health. one a day men's 50+.

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megyn: it is go time. both candidates crossing the states in an all-out battle groundless. it must be exhausting. first off from a rally this morning at the fairgrounds in davenport, iowa. do not comment denver, colorado. then onto tape an appearance on the "tonight show" with jay leno. governor romney also hitting up crucial swing states today. going into reno, nevada this afternoon. as the two candidates make speeches, look at how the governor has managed.

mr. romney had a 36% likability rating in april. look at that today. 49.3%. now come, he is less than half a percentage point between himself and obama on that. stirewalt is a digital power and turn news editor. and also host a power play. what do you think of this, chris? reporter: not that. he has been called both a vampire and the other that you mentioned. just to be fair. he said that he is like a vampire that suck the blood out of a company. for mitt romney, the big thing was never going to be likability. it was going to be favorability. favorability means acceptable that people find you okay.

he delivered a very good performance in the first unsteady performances in the second of every people said i am okay with mitt romney. megyn: the interesting thing is that we spend so much time discussing those advertisements. the bain capital stuff, suggesting that his wife died of cancer, a former employee, a favorable rating for him was not so great. then everything changed over the last six weeks or so. i would like to ask you about how this actually affected the electoral map. now we are getting word that team obama has written off north carolina, they are effectively admitting that mitt romney is likely to win that state. they are saying virginia is likely next, and their questions about whether florida should be after that. now, as journalists and pundits have been looking at the polls

and asking ourselves that question, it is different when you get a view the view that the obama camp sees a different way. >> resource allocation has become such a big deal. also where the candidates spend their time. as much as the president would like to say, he needs to spend his time in battleground states that he must win. he can afford to give north carolina a chance, but florida has come into his column. it looks that it's headed his way. north carolina, certainly, virginia is moving in his direction. for mitt romney, the name of the game is ohio. closing the gap in ohio, he needs to bring it over the finish line there. then you see the schedule today, nevada and iowa. those are two of seven states that if he can flip from blue to red, he becomes president be one that is part of his backup plan if ohio doesn't go his way.

a backup plan, in those states are part of it. chris, i want to ask you something else that is hitting the campaign trail in these swing states. that is the reemergence of clint eastwood. watch the new advertisement. >> in the last few years, 23 million people can't find full-time work. about $4 billion every single day in jobs that are in china. upon a second term would be the thing that our country could not survive. reporter: he is back and effective end is good. the conservatives answer to -- even though democrats made a lot of fun of clint eastwood for his empty chair routine in the republican convention, that advertisement works. it is reminiscent of the advertisement that was in the super bowl for chrysler.

megyn: thank you very much, chris. some 20,000 workers in ohio and anyone on the administration helped negotiate this arrangement. did they step in to save the pensions of the union workers but not the other folks? congress is now asking questions, and the president's team is on the defensive. we will have a fair and balanced debate coming up next. and former first lady laura bush sitting down with yours truly for an interview. her advice for the presidential candidates and what life is like for her and mr. bush after the white house. >> how are you doing? >> we are doing great. we are very happy to be home in texas. living what i call the afterlife now.

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megyn: after the big debate in boca raton, yesterday, i traveled to dallas in the morning for an exclusive interview with laura bush. the former first lady, of course. mrs. bush speaking out on a number of issues, including a very important one. i also took the chance to ask her about life after the white house. as well as the current political landscape, and she offered a bit of advice at my request to the families of the presidential candidates in the final sprint to election day. >> i do want to ask you since you have been through it six times now by my count, as we are in the last two weeks of this election, do you have any thoughts first lady michelle obama or in romney on how to get through the next 14 days he met. >> i know they will be able to get through without losing their

hurdles? i know people will get through. he campaigned very hard, but also the adrenaline rush of those last few weeks and days. and also tonight. megyn: how are you doing? >> we are doing great. george and i are very happy to be home in texas, living what i call the afterlife now, what i call the promised land. we are building the vice presidential center. we will start to move in later this year and have the grand opening next april. this will include both the presidential museum and archives of along to the united states government in the bush institute that will be run by the bush foundation. that is why we are working on policy issues that were most important to us, including

freedom for women, obviously. also, global health, freedom from disease, and we have announced local health initiatives since last december in africa. it is pink ribbon and red ribbon, adding to the platform set across africa and the emergency plan for believe. of course, we are working with many americans and nonprofits and corporations and other groups, and in fact, the state department as her partner. there's a lot of way that both sides are brought together to work on these big important projects. megyn: i know that you wrote in your book there is much meaning and purpose in a presidential race, and that seems to be true for you. thank you so much for doing this. >> thank you very much, megyn. jenna:

spam. megyn: mrs. bush recently wrote a powerful op-ed about the case of this brave young pakistani girl. have you been following the case of the 15-year-old girl who survived a horrific assassination attempt made on her by the taliban all because she objected to their refusal to let little girls go to school. she spoke out against it, and she found out going to school and they got on board her bus. mrs. bush tells us why this story inspired her to speak out. she normally doesn't do this. making herself a pundit on issues like this, but you felt very strongly about the girl's case. new information about the attack on the u.s. consulate in libya.

after you details are revealed about who knew what and when. at the top of the hour, we will look into whether the military has any options for stopping the seven-hour assaults, and if so, why were they not give the order to go ahead? up next, congress threatening a subpoena in the case of a 2009 ottavio, that gutted the pensions for some 20,000 nonunion workers in ohio, all while protecting the benefits of the union. coworkers at the same place. that story is coming up after the break. >> he said that he meant the same thing i did when we intervened and work to make sure that management got together to save the u.s. auto industry. pretending like i had taken his advice. call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

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megyn: new questions from congress today about whether the obama administration stand-in to play favorites with union workers over nonunion workers in the course of the gm bankruptcy. this may have an effect on the election, in particular in ohio. back in 2009, and auto parts maker named delphi went through bankruptcy right around the time that gm did because it had once been owned by gm.

the pensions of the uaw workers were saved. but the nonunion pensions were terminated. it's left up to 20,000 older nonunion members in ohio with reduced or minimal pensions. trace gallagher is live in our west coast newsroom. reporter: delphi was spun off from gm 13 years ago during the whole restructuring, those 20,000 delphi workers lost almost all of their pensions. they were not members of united auto the united auto workers union, but the delphi workers who were members of the uaw kept their pensions. all along from the white house and the treasury department is only acting as a facilitator between the pbgc. that is a government agency that handles such a thing.

the committee now has e-mails to prove that the treasury department and secretary tim geithner were heavily involved in this and were assessing the politically sensitive nature of the delphi pension termination. bowing to subpoena documents from treasury, and i'm quoting here, i understand the answer may be difficult to explain in states like michigan and ohio. at first he said this. he was stammering. listen. >> this was not the decision -- of the president. this was -- it was a consequence of steps that were taken by the company itself -- to rationalize the company -- so it could exist back. reporter: a short time later, he

indicated that the president was involved in this. >> this policy that the president undertook was one that was designed to say that the -- the larger -- the larger universe of people rely on the auto industry? congress is planning to get to the bottom of this. right now, to bail out of the auto industry is the number one talking point for the obama campaign in both ohio and michigan. so the timing here is critical. megyn: joining me now for a fair and balanced debate is chris plante and julie radinsky. so it seems without getting too bogged down, the allegation is that the obama camp to step in to save the union workers and the nonunion workers pensions. although it was initially denied, it appears that that is what they did.

david axelrod is sort of admitting that they did do something, but he says with some greater good in terms of the reasons. how does this play in ohio, 20,000 nonunion workers lost their pensions have been gutted. >> well, first of all, people have to talk about it. so the people in ohio are aware of what was going on. the people of america should be aware of what was going on. this is corrupt politicians, were you reward your friends and punish your enemies. we know that the uaw and union leadership are in obama's camp and the democrats can't. they provide not only funding for reelection efforts, but foot soldiers for get out the vote drives and other things. 20,000 people in 20,000 families were talking about the work their entire lives to build up their pensions, they had essentially destroyed them or demolish them. it ought to play very significantly and what is going on in ohio.

but not if no one talks about it. i'm glad we are talking about it here. >> i am so glad we are talking about this. delphi was bought by a hedge fund. which means that $15 million back in 2009, we really don't know, but about $50 million in this trust fund that mitt romney invested in, what delphi did was essentially say that we are not paying these obligations. we are moving every single unit dropped out of ohio and moving into china overseas. as a result, they're about 100,000 people working for delphi overseas. and only about 5000 or so working here in the states. that is the result of these hedge funds that mitt romney invested in. he did not want to pay and his friends did not want to pay these people their pensions. that is when the government has to step in. i am very glad to hear my

republican friends like chris thing that the government should have done more than could've bailed out more people. megyn: they did what they could. >> well, this happens. don't forget that this doesn't happen by magic. delphi was bought by hedge funds megyn: chris, go ahead. >> that is an extraordinary adherence to the party talking points. it is almost dazzling. it is, of course, a hedge fund that mitt romney doesn't manage and what we are talking about is the obama administration. mitt romney had no -- [talking over each other] [talking over each other] >> hang on. you know, look, it is about whether tim geithner in the treasury department under barack obama stepped in to reward their friends -- it is another

scandal, it is another case of chicago corruption and so forth. megyn: i want to ask about this, this has become an issue because team obama really think it's going to be a winner for them in ohio and michigan and so on. it led to this exchange of the debate on monday night. >> as the president mentioned, the auto industry would be in favor of jobs being elsewhere. nothing could be further from the truth. in that process, they can get government help and guarantees. the debt burden that they built up, -- [talking over each other] >> you did you did not debut of providing health. >> i said that we would provide guarantees and i was able to

allow the these companies come out of bankruptcy. under no circumstances would i do anything other than to help this industry get on its feet and the idea has been suggested that i would liquidate the industry, of course not. of course not. he meant let's check the record. [talking over each other] >> i have never said that i would liquidate the industry. >> governor -- [talking over each other] megyn: the op-ed that author that he wrote, that mitt romney wrote, specifically says the federal government should provide guarantees, warranties are not at risk. >> i have to look at the op-ed again. i've also saved information

about -- [talking over each other] [talking over each other] megyn: that was a big deal. what his position was on the op-ed, and what his position was on the bailout. they have been exchanging other night. the reason it caught our attention, other than people interested in it, is david letterman, who is no conservative and certainly no fan of mitt romney said this about that exchange last night. >> now, here is one of 70 last night. this playing fast and loose with facts. president obama cites the op-ed piece that romney wrote about the detroit issue, let them go bankrupt. he said let them go bankrupt, and mitt romney said no, check that thing, check the thing, check the thing. i don't care if you're republican or democrat. you want a president to be telling the truth. you want a contender to be line. megyn: woody thing, julie?

>> i am happy to see the david letterman check the record. i remember a headline that said let detroit go bankrupt. [talking over each other] >> you know what, megyn, the op-ed pieces written by mitt romney calls for government guarantees. what i find interesting is this was a very unpopular policy in 2009. all of the republicans were saying this is a horrible bailout. how can we do this and nothing that we should contribute one dime to the bailout of the auto industry or pension bailout -- all of a sudden they're coming in and saying why didn't we do more? megyn: chris, you have the last word. >> it's just extraordinary. we keep circling back. this is about the obama administration corruption and feeling out their friends. the fact that david letterman is on the side of mitt romney, i think we will walk outside to a

red sky. megyn: coming up next from a major lawsuit could behead headed demonstrations way and is headed their way. a former doj official prepares to take on what he calls an out-of-control and unconstitutional epa coming up next. i'm a conservative investor. i invest in what i know. i turned 65 last week. i'm getting married. planning a life. there are risks, sure. but, there's no reward without it. i want to be prepared for the long haul. i see a world bursting with opportunities. india, china, brazil,

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megyn: on the docket of "kelly's court", park within, who also was the doj chief of staff under president reagan, has filed a lawsuit against the epa. they said that the epa is going to create a bunch of new rules that will create havoc after the election no matter who wins. listen up. >> we are fighting an administration that has no regard for the rule of life in

my humble opinion. it will continue to push the edge of the envelope. this is why obama needs to be defeated and these people need to be thrown at that office. megyn: joining me now is a defense attorney and former prosecutor. thank you both for being here. what is his point? why does he believe the epa is about to unleash a bunch of regulations on us. no matter who wins on november 6. >> yeah, megyn, it is basically a consumer fraud lawsuit. it is based upon their past for the past several years, the epa has outsourced hundreds of millions of dollars of taxpayer dollars, making expenditures such as promoting green industries in china and russia and mexico.

they are talking about how they converted methane gas into green energy. megyn: they talk about in the lawsuit, earlier this year, a "new york times" report came out. talking about how the president and the epa was planning on tightening the regulations about what can be released into the ozone. the american people need to know what they are facing before the election. he submitted a document request

to the epa. even if you don't believe the premise of what he is alleging, that obama is getting ready to do that, doesn't epa have to comply with that request? >> the epa probably, and every government a agency, gets inundated with foya request. that is where they can get their hands on certain information from the government. there are rules to that. you don't get the documents like that -- the government agency has to tell you that we are going to give you the documents, but then they get time to actually produce them. the documents that he wants would be available for public notice on january 20 anyway. but how long do you normally get to respond to that request? [talking over each other] [talking over each other] >> ordinarily, it is 90 days, megan, and that time has passed. this is so political, obviously

the control testerman is control over documents. megyn: he wants the documents on an expedited basis if he can get them. we will pick this up on the other side of the break.

megyn: the background on this is that the allegedly epa is going to release these regulations, tightening what can be put out into the environment, this could possibly cost jobs. the belief is that it may clean up the environment or cost jobs. according to some republicans, they say that the administration has said, look, it is more concern with the environment. what are the health impacts of unemployment.

so the point is the american people and deserve to know whether their jobs are going to be in danger for the sake of the environment. and if so, can you make an argument like that in court, david? >> don't american voters have the right to know what types of policies are going to be implemented? hundreds of millions of dollars are going to be sent to china and russia and india. we will lose complete control of that money. they should know before the election. that is why he desperately filed this lawsuit an attempt to get this information out. so voters have a choice and are informed when they go to the polls. megyn: back in 2011, the national journal quoted from the insider by saying the only decision that matters for the next 14 months is to help us get

reelected. we should fully expect the administration to delayed until november 7. might that persuade a judge, maybe a republican appointee if they can get in front of them and will get in front of such a judge as far as an administrative argument goes? >> when you talk about whether this was a matter of public agency, one of the things is that he wants people to know is that part of the plan is to make minority communities better. megyn: that is what he has to prove. but it is urgent that we learn is to get this expedited release of the documents. they do, panel. >> thank you, megyn. megyn: your follow-up from the deadly attack in benghazi after e-mails reveal the white house was being informed in real-time about the assault.

what does this say about the administration's narrative. in the days and weeks after those four americans were murdered. in the fight over possible voter fraud giving new meaning to the phrase don't mess with texas. reaction today to the international u.n. observers are going to monster the lone state polls on election day ♪

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megyn: a fox news alert on a new line of questions on whether the united states could have pursued any military options during the terror attack. the 7-plus hour terror attack that took the lives of four americans in libya on 9/11. they were murdered. fox news has a series of state department e-mails showing senior officials at the white house, the secretary of state and the fall foilage were alerted that the ambassador had been placed in the save room and gunmen were in the compound.

4:05 p.m. subject line. i.s. diplomatic in benghazi under attack. listen for a moment what was happening outside of the walls at that moment. [gunfire and shouting] megyn: see the fire? the ambassador went into a safe room with a security guard and one oath. they set fire to the consulate. the furniture was set on fire. the flames, the fumes the smoke engulfed the safe room according to the state department and ultimately the men were forced to run for their lives. the assault lasted 7 hours. afterwards they found the two navy seals who died slumped over a machine gun position with

signs they kept fighting even after suffering critical shrapnel wounds. that was 7 hours later the seals were killed. now the question about whether we could have done more to prevent this. they were getting realtime reporting. 7 hours went first attack and the second. there are questions about whether we could have done more and if so why we didn't. for that we turn to jennifer griffin live at the pentagon. >> reporter: u.s. officials argue strafing the streets of benghazi while not knowing what was going on would have been a mistake. and the reason more military assets weren't moved is they feeshed an many bush. a fast team of marines was sent to guard the embassy, but they remained in tripoli. a special operations force was moved from central europe to southern itly just 480 miles from benghazi, but they did not

move to benghazi. f-16s and apache helicopters remained parked in northern air base at aviano air base. >> for the united states military to say they were 480 miles away and they couldn't move one aircraft in 8 hours, i would say it's time to relieve a lot of people in the chain of command. but i just don't believe that. >> reporter: the fighting at consulate was over within one hour according to the recently leaked state department e-mails obtained by fox news. a poor intelligence picture before the attack made the friendly fire incident a real possibility and officials said they needed permission from the libyan government for overflights. >> if your ambassador has been killed or captured and is missing at the hands of

terrorists, you do not ask any country for mother may i before you come across the border to save your own. we have many times gone across borders. we do it every day in pakistan. that's how we killed usama bin laden. >> reporter: glenn doherty and adam woods were killed on the roost annex by a mortar. the machine gun they were firing was caked in blood suggesting they continued firing and fighting long after they were hit. ex-military officials we have spoken to said much more could have been done to help at that second location at the cia an ex. megyn: before these e-mails could reveal top white house officials were being i formed in realtime about the attack on our consulate. general jack keane who has been

in the situation room with presidents past joins us with his take on these e-mails what they say in the days and weeks after the attacks. i want to pick up on where jennifer griffin left off. you and i both read the report that the state department it out the night before they had to give congressional testimony and talked about how it reads like a movie script. they come under fire. the security guys moved him into the safe room. at the consulate. but then the terrorists lit the consulate on fire. they were lighting this middle eastern furniture, the fumes, the smoke, they were in a locked room. we have video of it. gregg palkot got there after the fact. and they had to leave, they couldn't stay because of the smoke. there were some reports ambassador stevens may have died or been seriously affected by smoke inhalation. then they got in the car.

there was a chase. they avoid an attempted ambush and they arrived at the second place, the an ex-and that's where d the annex and that's where the two navy seals were and they fought valiantly and were murdered nonetheless. and that happened 7 hours later. now the u.s. military or somebody is telling us they couldn't send that jet 480 miles away, they couldn't do it because we didn't have permission from the libyans? >> on this thing i'm going to have a tendency not to second guess these guys. the amount of facts they have pales by comparison to the facts we have right now. we know that consulate was overwhelmed rather rapidly and what rescued the people there was the security force came down from the annex with some libyans and got the people who were still alive to evacuate them to that annex. then a battle ensued at that

annex. the people at that annex are in direct communication with their headquarters. wee assessments were being made between those people on the ground who are calmly, cooley assessing that situation because they have been in situations like this before. and people making judgments about should we send another force in here, should we send aircraft in here. i believe people were making those judgments, they had the facts, they had a sense of what was taking place. i'm not going to second guess the judgment they made. they are not going to get there in time with additional ground forces. the decision was made to evacuate. these guys on the ground believed they could savely evacuate and get to the airport and get on their airplanes which they did. megyn: the information as we understand it is the attack was underway at the consulate. the cables were coming into washington. they are saying the ambassador

is in the safe room. an hour later they say the attack there ended. then the guys leave that first spot, the consulate and go to the annex and 7 hours later is when the two navy seals got killed. there is a question about why wants the order given -- they said we had a predator drone. why wasn't the order given to do something to protect the second scene? >> i understand. that the point i'm making. we don't have the information was being provide from that facility there, they are competent people at that facility. we don't know what the exchange was and what the facts are. and make those judgments. we all watch too many movies and 24-type tv shows. these things are not done like that. to send in some other reaction force that would have gotten bogged down and have a worse situation on your hands is one

of the things they are thinking about. to send an aircraft over there -- there are probably as many people standing outside that annex watching what's going on. they are innocents bystanders and to bring an aircraft over there could intimidate somebody with the sound of the it, are you going to fire with other bystanders watching this movie play out in front of them? i do it. all of those things are being factored in. we have capable people making these kinds of judgments and they have been in tough situations before. and those guys on the ground inside that annex have been in tough situation and we don't know what their recommendations are. we have none of those facts. megyn: no one is questioning the skill or commitment of our u.s. military. but there are questions about how this was handled. the state department denied the request for increased security, just to keep the security they had. the guys on the ground were saying please increase and if

you don't increase let us keep what we have on the ground. we believe the ambassador is on an al qaeda hitless and the answer was no. >> that's appalling. there are questions about who is running the show, who is making the decisions and who is going to be held responsible? >> that's a different issue. now we are talking about security prior to the attack as opposed to what to do after the attack took place. six months of attacks against western interests have been taking place in benghazi, two of those against our very own u.s. consulate. one to try to kill the u.k. ambassador and they are arguing over a handful of security people when we are in a high threat situation. that became a high threat situation. make no mistake about it. we have hundreds of people protecting a high-threat situation in baghdad. we have hundreds of people protecting a high-threat situation in kabul, afghanistan. we know how to do that. it never should have been at the

state that it was. that will be the major finding of the investigation is that the security was totally inadequate it was never set right. when the threat went up and clearly it did it should have been fixed and it was not. megyn: explain to using a a four-star general who has went in situation room with presidents in the past. what do it mean when we see in the e-mails that they went to the situation room at the moment of the attack. during attack? >> don't overstate my involvement with presidents in the situation room. but the fact of the matter is the operation reports -- this is important for the audience to understand. the operation reports from any activity that's in crisis goes right up the chain of command and that happens from the tactical operations center inside the consulate, the embassy, tripoli and the state department. as the state department is receiving that so is the white house situation room receiving it as it would be on something going on in iraq or afghanistan involving one of our facility. those things are done routinely

and so that information was realtime. they had operational realtime situation awareness and they knew there was no demonstration prior to it. what is mystifying to me is why were those on-scene realtime reports that got to the white house national security council and inside the state department. why were they dismissed? and not used to report the very next day on what the situation was and we were still talking about the possibility of a demonstration and a film and all of those kinds of motivations for the attack. that is mystifying and the american people deserve an explanation. megyn: general keane, we appreciate. always love having you. 24 hours after its release there are suggestions a brand-new booklet featuring the president's plan for a second

term doesn't offer much new at all. we just outlined the state department e-mails obtained by fox. if the white house knew it was a terror attack on 9/11 who made the call for the president to attend a fundraiser in vegas the next day?

>> last night and throughout this campaign i laid out a plan for jobs and middle class security. megyn: 24 hours after its release there is new criticism about president obama's latest messaging plan as reportedly not containing a lot of new ideas. that from some journalists over at another channel. despite that the president's campaign is planning to print millions of glossy booklets outlining a plan for economic recovery. joining us to discuss it monica crowley and kirsten powers.

this is straight news journalist on another channel said there is nothing new in this. is that true? >> i think it's mostly true. i'm surprised how controversial this has become. it's not -- this is a period where we are moving into the period where the undecided voters are going to start making their decisions. it's a small pool of people but an important pool of people. it's the perfect timing for the obama campaign to be doing this. i don't think there needs to be anything new tonight. they want something people can look at to see what obama's plans are. to me it seems like obviously good political strategy. megyn: he's been hammered by his critics, what's your plan. brit hume was on the air saying you don't normally hear about the new plan from the incumbent

president. >> therein lies the problem for the president. the last four years have been economically disastrous which is why this race is so close and barack obama is falling behind to mitt romney. this is not a mystery that this president is laying out more of same. this is what he has done every single moment his presidency. every time people have said maybe it would be wise for this president to change course. maybe he should start working with the other side. maybe he should start advancing pro growth economic policies he resisted and refused to do that. he talks about more spending under the euphemism of investment. and more debt and more socialized medicine. if that's what he's running on for the next term -- if he were that honest about it the american voters would run screaming. megyn: what is the point of doing this?

he gets to hold it up and says i have a plan? do people read these things? >> there are people who right. i think a lot of undecided voters will right. not just for the president to hold up. it's being sent out to millions of people. i think they said 3.5 million people. i think there are people who will look at it. i think there are people on the fence between president obama and mitt romney and want to know these things. even if all these things have been said before it wouldn't make any difference. the point is people are just now starting to focus. megyn: my feeling is the undecideds don't like either guy and they are trying to pick the lesser of two evils. >> the fact that they are undecided shows they are unhappy with the president and they are looking for an alternative. now they have to decide between

these two which is a better choice. >> if you are in a relationship and you are not feeling that happy. the first guy is like, i have a plan. >> check out my glossy new magazine. you can put lipstick on a pig but it's still a pig. he has policies that he wants to advance into the future that have not worked. even if we were to stipulate your point that they may not like either guy and they are trying to decide went two. what we do know is 80% -- 70% to 80% of undecideds this late in the race tend to break for the challenger because you do know the incumbent and you are going to choose the challenger for a change. remember this is now a change election. obama is now the status quo candidate. mitt romney does represent real change in a pro dwroat

direction. that's why i think even more undecideds will go for mitt romney. megyn: i would like to be an angel on the shoulders of those voters in the voting booth. he does have that plan. all right. thank you, ladies. >> thank you, megyn. megyn: there is a sex scandal overseas getting global attention. it involves a former tv host and ththe allegations he sexually assaulted young children. now the "new york times" is somehow caught up in this mess. and more on libya with our political panel coming up.

megyn: brand-new developments in

the bell, california salary scandal where city workers took home he norm is and unjustified pay checks in some cases. the police chief was raking in over $400,000 a year. we reported a couple weeks ago how adams had gone to court arguing his employment deal entitled him to double his pension to a half million a year but a judge resumed against him saying the city council never approved his extravagant contract. he gets to continue collecting his $240,000 pension. making him one of the highest paid people in the california public employee retirement system. a child sex i because scandal. involving a popular children's tv star in britain.

he died last year and claims of a coverup by the bbc are raising concerns across the pond and at home. >> reporter: the bbc is turned by public money and is now having a huge problem with public trust. the allegation is the bbc tried to cover up a sexual abuse scandal involving jimmy savile. he was knighted by the queen and hailed as a hero. he helped kids achieve their dreams. the allegation is savile sexual limo lefted kids, mostly young girls as young as 12 years old for 60 years. he may have had upwards of 200 victims. the network dropped the investigation with no reason given. the the new director said he

didn't stop the investigation from running. >> i came away [inaudible] transmission of the point should have been allowed to continue. >> reporter: even though parliament didn't buy that story the former director of the bbc claims he didn't know about the scandal nor did he ask. well, tom signs also the incoming ceo of the "new york times." the "times'" public editor is questioning whether or not -- how likely is it that he knew nothing? well, today in fact a short time ago thompson came out with a statement saying, all of my colleagues on the management team of the "new york times" have been very supportive and more broadly as i prepare to take on the job.

the "new york times" * may be confident but the prime minister in england would like to answers. >> the developments are concerning. the bbc changed its story about why it dropped the "news night" program. >> reporter: scotland yard is promising a thorough investigation. megyn: we have been detailing state department memos coming in realtime from libya during the attack. the question is whether the white house, the situation room, the top officials at the state department knew they were dealing with a stairor attack on 9/11. who made the call for the president to attend a political rally in vegas the next day? now we are getting a clearer picture of what the president knew. stay tuned for my exclusive interview with my former first lady laura bush. she pays special tribute to the young woman, the teenager shot

in the head and neck in pakistan for defying a taliban ban on girls attending school. she tells us why this incredible story has inspired her to speak out. >> she was telling the world what they were like. that they wouldn't allow girls to be educated. they didn't just close the schools, they blew them up so they were rubble. begin. tomato, obviously. haha. there's more than that though, there's a kick to it. wahlalalalallala! smooth, but crisp. it's kind of like drinking a food that's a drink, or a drink that's a food, woooooh! [ male announcer ] taste it and describe the indescribable. could've had a v8.

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>> i want to begin tonight by saying a few words about a tough day that we had today. you know, we lost four americans last night who were killed when they were attacked at a diplomatic post in libya. megyn: that was president obama at a campaign event in las vegas 24 hours after an attack on our consulate in libya that left four americans dead. we have been showing you this newly obtained state department memo detailing how our diplomats were under attack and terrorist jihadists were claiming responsibility. these e-mails went to the white house, the fbi and the state department in realtime as the events were unfolding, raising

questions about why the president would go to vegas to campaign one day after that experience and that result. joining me now, simon rosenberg, a former clinton campaign adds advisor and ben ferguson. when the president claimed he said it was terror at the town hall debate, that he said that september 12, now we see the information coming in in realtime about the 20 guys and how the ambassador was locked in the safe room and we know how it wound up. that was the first question i wondered was if he night was terror. there is no question he knew four americans were dead. but he knew it was terror. was it appropriate for him to go to vegas on the first, you know, the first time he acknowledges we had a terror attack on his watch? >> well, clearly he did because

he went. we are at the very ends of this campaign. i'm sure that was not an easy decision to make. but it also was over. it was handled. we had people in place managing this for him. this is a large government. we have a large military intelligence apparatus. i think they made the decision it had ended it had been settled, we were starting to get information coming in and he didn't change his public or private schedule that day. presidents have to make these decisions every day. that was the decision he made and i'm sure he sticks by it. megyn: he would like to be president in a second term. and feels he can do a lot of good and keep a lot of people safe if he stays the president. and that does require campaigning. >> sure. but here is the other thing. it wasn't handled. what was going on in benghazi was not being handled well beca the misinformation between all the people that are suppose to be working for the president. they weren't even on the same

page. so if you know the people below you are giving you different stories and you know an american ambassador has been killed and there are e-mails coming to the situation room and you are a u.n. ambassador and the am bass doirs telling you and the white house press secretary says "let me be clear" this is in reaction to a youtube video, and you know that's not true. you don't get on a plane and go to vegas and punt on this saying i have got people that handle this for me. real leaders lead in times like this and you don't let all your staff be all over the place on things like this and act as if it's someone else's fault somewhere down the line. you are the one on the ticket. you are the one running for office. you are the one that's president of america. megyn: there is a question whether he knew this wasn't about a video. we established there was at

least conflicting information going into the white house. at least conflicting. there was definitely some reports this jihadist group that was unleashing hell on our am bass deern three others at this time. simon, we have had people on this show recently. the wife of one of those fort hood soldiers upset because the president wouldn't label that a terror attack and accusing the president of being tone deaf. we went back and looked at the president's remarks after fort hood and this is what we saw. >> let me first all thank ken and the entire department of the interior staff for organizing just an extraordinary conference. i want to thank my cabinet members and senior administration officials who participated today. i hear that dr. joe medicine

crow was around so i want to give a shoutout to that conscious today medal of honor winner. good to see you. but as some of you might have heard. there has been a tragic shooting at the fort hood army base in texas. we don't yet know all the details at this moment. megyn: that was the same i as 13 people were shot and killed and dozens of people wound. you take it whether there is a tone deafness issue. >> i think any implication that this implication is not taking the threat of terror seriously is farcis farsical. we have had drone strikes against terrorist forces. the implication the president

hasn't taken it seriously is wrong. megyn: i want to ask you this, simon. in times of a terrorist attack we need our leader to set the tone to put it in perspective. >> i also think it' important that the leader doesn't jump the gun and start saying things until all the facts are in. it took only two weeks for the intelligence communities to come to a basic consensus when there was conflicting information, we weren't really sure what happened. they settled on a consensus now about what did happen. it only took two weeks. >> that's a long time. megyn: i'm talking about putting in perspective for us. >> i think the president did a terrific job on this because he respond to it within 24 hours. in another 24 hours -- i know we disagree on this. megyn: go ahead.

>> perception is reality. to not just the american people, think about what -- think about what terrorists were seeing. when they see the president of the united states going off to vegas. do you think that empowers them? one of the guys involved in this was sitting on a balcony at a hotel mocking america. he said they say they are trying to find me. here i am and they are not coming to get me. tell me if they feel empowered or not. megyn: it's a tough question and we'll continue to take a look at it. simon, ben, thank you very much. former first lady laura bush in an exclusive interview paying tribute to the young girl in

pakistan that stood up to taliban orders that banned girls from going to school. she thinks the world needs to deal with the ugly policies of the taliban.

megyn: yesterday morning i had the unique opportunity to sit down with former first lady laura bush for an exclusive interview in dallas, texas. the topic, a 15-year-old pakistani girl, malala yousufzai. she was shot in the head and the neck by the taliban. targeted because of her efforts to promote girls' education. something they detest. malala survived the attack miraculously and is being treated at a british hospital. now the former first lady offering a tribute to malala saying her struggle is an

opportunity for america to show leadership in the taliban's war on women. megyn: this little girl was shot in the head on her way to school. the reason she was shot was because of her advocacy for education for young girls. that was the price the taliban felt she needed to pay. this was the latest in a string of hundreds of taliban atrocities we have seen just recently. you documented some of that. >> when the spotlight turned on afghanistan after the september 11 terrorist attacks, everyone in the united states turned to see what the taliban -- the price that women especially had to pay with government of the taliban in afghanistan. in that case it was girls were forbid on go to school. women couldn't leave their houses without a male escort and there were many widows in afghanistan because of their

years of war. so women were virtually isolated. they couldn't go to a doctor if they were sick. they couldn't leave their homes. but what's sad is we still see it. we still see sees atrocities. they are broad. this little girl malala lived in pakistan and she had a blog with the bbc in urdu, her language, talking about how she wanted to go to school. when the taliban moved into the swat valley where she lived they started blowing up girls' schools. there decreed on this certain day girls could no longer go to school. so she had a blog that talked about it, how she wouldn't wear her school uniform when she went to school because she didn't want to be identified as a student because she was afraid. but she continued to talk about it through this blog. and she was targeted because of that. she got on her school bus and a

member of the taliban walked up and asked somebody where is malala, and they pointed to her and they shot her in the head and neck. megyn: there have been so many examples of this brutality. but it took the courage of a then 11-year-old girl blogging about what they were doing to begin what may be a sea change. >> that's what i hope. that would be the silver lining and good could come out of this terrible atrocity. women and girls and men are protesting in pakistan. they all have signs that say i am malala. the prime minister of pakistan spoke out and said malala is my daughter. everyone -- a lot of people in pakistan have spoken out. megyn: think of the irony we would have in an effort to stubt her first and silence her by

attempting to murder her they actually wound up amplifying her voice to a point that would be even beyond malala's wildest expectations. >> that's right. that's what i hope happens. i hope government and people in government leadership positions worldwide will speak out about this. megyn: what about the example this little girl set. even in this country when it come to the domestic struggles we are having. people feel powerless. here we have one child, a little girl, who could be less empowered in that region of the world starts blogging and she is 15 recovering from gunshot wounds making a difference. >> and she has. she really has made a difference. i think the lesson is to everyone really worldwide, that we do need to have the courage to speak up. she was speaking up in a place where you did have to have

courage. her family could be targeted. her father who was an educator. is an educator could be tax thed and might be still if he returns home. megyn: you wrote in your op-ed speak out is not enough. we must improve their world. how? >> i think there are a lot of ways we can do it and there are many, many ways, examples of people trying to do that worldwide. through the bush institute that is part of the bush library and museum george and i are building here in dallas, we are focusing on women's issues. women's programs. we are bringing women from the middle east. we are paying most attention to women in the middle east and north africa, to the united states in a mentorship program, a fellowship program with the idea that if we bring women all from the same country they will know each other when they go back to their country. and they will start to be able

to build a network. megyn: wouldn't it be incredible if some day you had a malala in your program. >> it would be great. megyn: we have a report today that not only is malala's condition improving. she is said to be in stable condition and she stood up for the first time. but 9 people have been arrested in connection with the shooting. the search for the main suspect continues. something is happening in pakistan. they had embraced the taliban. this case has caused such national outrage that even the taliban sympathizers are starting to pay attention and perhaps see this group to whom they provided such shelter in a different light. this little girl's story is not just about a little girl. it's about pakistan, it's about the taliban, it's about radicalism in that part of the country. we'll bring you more on this story as we dewitt. we want to extend our sincerest

thanks to the former first lady laura bush and the bush institute and the good work it's doing. one more reason i better not mess with texas. a word to the wise for the united nations who wants to monitor u.s. elections. that's up next.

megyn: now a followup on a story we first brought monday. there is an interest nauseousal group partnering with the u.n. being called to monitor u.s. elections to look for so-called voter suppression. the state attorney general from texas sending that group a warning about coming into the lone star state. trace? >> reporter: the texas attorney general is not one to sugar coat things. he doubled down to reemphasize his warning.

this left wing group sent a letter to the organization for security and cooperation with europe. right? they often work in tandem with the united nations. the letter said we believe it is particularly important that safeguards including election man troarg in place in key areas around the country and believe your presence would be particularly critical in district likes colorado, ohio, pennsylvania, texas, virginia and wisconsin. those are the battleground states. this voluntary organization has agreed to come. but still they are being warned. because the welcome mat in texas has been pulled in. the texas southern general says groups and individuals from outside the united states are not allowed to influence or interfere with the election process in texas. failure to comply with these requirements could subject the osce's representatives to criminal prosecution for

violating state law. we just talked to osce. they issued a counter statement saying the threat of criminal sanctions is unacceptable but the attorney general of texas says stay 100 feet away or you will be breaking the law in texas. if you break the law in texas you go straight to the ... megyn: hoosegow *. texas is not a swing state. but interestingly it's still on the list. they have a fear of voter suppression, i guess for other reasons there. and texas is not going too take this sitting down. we'll continue to follow it. thank you, sir. a new warning about airport security. and the code that could help terrorists and smugglers get through the screening process. we'll have details on that.

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